HomeMy WebLinkAboutC-4215 - PSA for Investigation ServicesPROFESSIONAL SERVICES AGREEMENT WITH
NORMAN A TRAUB AND ASSOCIATES FOR
INVESTIGATION SERVICES
THIS AGREEMENT is made and entered into as of this Wday of May, 2009, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City'), and NORMAN A.
TRAUB ASSOCIATES, a sole proprietorship, whose address is: 5409 Via Fonte, Yorba Linda,
CA 92886 -5006 ( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning an investigation of the Police Promotional Process as requested by the
Newport Beach Police Management Association ("NBPMA ") under Civil Service Board
Rule 501.4, at the direction and under the authority of the Civil Service Board
( °Investigation ") as outlined in the Resolution approved by the Civil Service Board on
March 16, 2009 ( "Resolution ").
C. City desires to engage Consultant as Investigator in connection with the Investigation
and other investigatory matters.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal contact for purposes of the Investigation shall be Norman A. Traub.
F. City has solicited and received a proposal from Consultant, has reviewed the previous
experience and evaluated the expertise of Consultant, and desires to retain Consultant
to render professional services under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall be effective from March 16, 2009, and shall terminate
upon completion of all investigative work assigned to Consultant or on the 3CP day of
June 2010, whichever is sooner.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services and conduct an investigation into all
issues raised in the Resolution and as described in the Scope of Investigation attached
hereto as Exhibit A and incorporated herein by reference. The City acting through its
City Attorney may elect to delete or expand certain tasks of the Scope of Investigation at
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its discretion and with the consent of the Investigator. The City Attorney is further
authorized to assign additional investigative matters to Consultant as needed even if
unrelated to the Resolution or Investigation described herein as long as they are within
Consultant's expertise, consented to by Consultant, and confirmed in writing signed by
the City Attorney.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and the
services shall be performed to completion in a diligent and timely manner. The failure by
Consultant to perform the services in a diligent and timely manner may result in
termination of this Agreement by City.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. No billing rate
changes shall be made during the term of this Agreement without the prior written
approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work performed
the preceding month. Consultant's bills shall include the name of the person who
performed the work, a brief description of the services performed and/or the
specific task in the Scope of Investigation to which it relates, the date the
services were performed, the number of hours spent on all work billed on an
hourly basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by
City staff.
4.2 City shall reimburse Consultant only for those costs or expenses specifically
approved in this Agreement, or specifx:aliy approved in writing in advance by
City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges, including transcription services.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance In writing and incurred by Consultant in the
performance of this Agreement.
5. LEAD INVESTIGATOR
Consultant shall designate a Lead Investigator for each assignment, who shall
coordinate all phases of the Investigation. This Investigator shall be available to City at
all reasonable times during the Agreement term. Consultant has designated NORMAN
A. TRAUB to be its Lead Investigator with regard to the Investigation referenced in the
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Recitals. Consultant shall not remove or reassign the Investigator without the prior
written consent of City.
Consultant, at the sole discretion of City, shall remove from the Investigation any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Investigation on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Office of the City Attorney. David R.
Hunt, City Attorney, shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement, City
agrees to, where applicable, provide access to, and upon request of Consultant, one
copy of all existing relevant records and documents on file at the City. City will provide
all such materials in a timely manner so as not to cause delays in Consultant's work
schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this Agreement,
and that it will perform all services in a manner commensurate with community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any contractual
relationship with City. By delivery of completed work, Consultant certifies that the
work conforms to the requirements of this Agreement and all applicable federal,
state and local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature
that is legally required of Consultant to practice its profession. Consultant shall
maintain a City of Newport Beach business license during the term of this
Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible
for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely
information or to approve or disapprove Consultant's work promptly, or delay or
faulty performance by City, contractors, or governmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively,, the 'Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Agreement,
any work performed or services provided under this Agreement including, without
limitation, Consultant's presence or activities conducted on the Project (including the
negligent and /or willful acts, errors and/or omissions of Consultant, its principals,
officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable or
any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to
indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
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13. PROGRESS
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Consultant is responsible for keeping the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reauirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. in addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
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Professional Services Agreement with Norman A. Traub Associates
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be
performed under this Agreement, or the general aggregate limit
shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection
with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in
an amount not less than one million dollars ($1,000,000)
combined single limit for each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on
behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its
elected or appointed officers, officials, employees, agents and
volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture
or syndicate or cotenancy, which shall result in changing the control of Consultant.
Control means fifty percent (50 1/6) or more of the voting power, or twenty -five percent
(25°x) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, document and other writing produced (hereinafter
"Documents "), prepared or caused to be prepared by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use
such materials in its discretion without further compensation to Consultant or any other
party. Consultant shall, at Consultant's expense, provide such Documents to City upon
prior written request.
Documents prepared by Consultant pursuant to this Agreement are not intended or
represented to be suitable for reuse by City or others on any other project. Any use of
completed Documents for other projects and any use of incomplete Documents without
speck written authorization from Consultant will be at City's sole risk and without
liability to Consultant. Further, any and all liability arising out of changes made to
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Consultant's deliverables under this Agreement by City or persons other than Consultant
is waived against Consultant and City assumes full responsibility for such changes
unless City has given Consultant prior notice and has received from Consultant written
consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the services
in this Agreement, shall be kept confidential unless City authorizes in writing the release
of information.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection of
all work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
20. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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23. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work perforated
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
24. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: David R. Hunt
Office of the City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949-W-3131
Fax: 949 -644 -3531
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attn: Norman A. Traub
Norman A. TraubAssociates
5409 Via Fonte
Yorba Linda, CA 92886-0006
Phone: 714 - 693 -3428
Fax: 714 - 200-0310
25. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not aired within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
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Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving thirty (30) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
26. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
27. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
29. CONFLICTS OR
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
30. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
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32. sEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
33. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to
it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
34. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
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Professional Services Agreement with Norman A. Traub Associates
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Mynette Beauchamp,
Assistant City Attorney
ATTEST:
a
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
David R. Hunt, City Attorney
for the City of Newport Beach
CONSULTANT:
NORMAN A. TRAUB AND ASSOCIATES
By: )n±�� 6C, C� auk-
Normat A. Traub, President
Attachments: Exhibit A — Scope of Investigation
Exhibit B — Billing Rates
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Professional Services Agreement with Norman A. Traub Associates
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
/KAynette Weauc p,
Assistant City Afar-ne
ATTEST:
By.V 1 r
Leilani I. Brown, �VORTe
City Clerk
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T
CA L.I FOS
CITY OF NEWPORT BEACH,
A Municipal Corporation
David R. Hunt, City Attorney
for the City of Newport Beach
CONSULTANT:
NORMAN A. TRAUB AND ASSOCIATES
By.
Norman A. Traub, President
Attachments: Exhibit A — Scope of Investigation
Exhibit B — Billing Rates
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Professional Services Agreement with Norman A. Traub Associates
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EXHIBIT A
SCOPE OF INVESTIGATION
General Scone of Investiaatfon':
Do the current Police promotional procedures, as used from mid -2005 through 2008,
achieve the purpose of the Civil Service System through providing "... an equitable and
uniform procedure for dealing with personnel matters; to attract to the City service the most
competent persons available; to assure that the appointment and promotion of employees
will be based on merit and fitness; and to provide reasonable security for employees,"' or
has the system been managed during this time so as to: (1) allow individuals to exert
greater discretion then is warranted, thus marginalizing the objectivity necessary for a
process designed to foster fairness and merit, and (2) evidence a disregard provisions of
the Newport Beach Municipal Code, Civil Service Board ( "CSB ") Rules and /or Council
Policy? If any of the latter propositions are true, what, if anything, should be done to
address the issue(s) in the context of the Civil Service System?
Ultimate Questions Posed:
The following are specific issues raised that call into question the appropriateness of the
process:
1. Was City Manager's authority exceeded and Council Policy F -20 violated by the
entering into of the Agreement Regarding Post - retirement Continued or Part-time
Employment for NBPMA Members ( °Continued Employment Agreement") in
September of 2005, and, if so, what are the consequences of that conclusion, and
what, if anything, should be done to address the issue in the context of the Civil
Service System?
2. Has the application of the provisions of the Continued Employment Agreement
affected the promotional process of the Police Department in such a way as to make
it inconsistent with the purpose of the Civil Service System, and, if so, what if
anything, should be done to address the issue in the context of the Civil Service
System?
3. Are the promotional process changes instituted in March of 2006, including but not
limited to numerical rating changes, the "Rule of Eight" and "Whole Number
Scoring," consistent with the purpose of the Civil Service System, and, if not, what, if
anything, should be done to address the issue in the context of the Civil Service
System?
4. Were current promotional lists for Captain, Lieutenant, and Sergeant vacated in early
2006 in a manner consistent with Civil Service Rules, and, if not, what, if anything,
should be done to address the issue in the context of the Civil Service System?
' As derived from the `Resolution of the Civil Service Board of the City of Newport Beach Directing an
Investigation of the Police Promotional Processes as requested by the Newport Beach Police
Management Association under Civil Service Board Rule 501.4" passed, approved and adopted by the
Civil Service Board on March 16, 2009.
(Ordinance 866, section 3; NBMC section 2.24.030; Civil Service Board Rules and Regulations ( "CSB
Rules ") Rule 402)
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5. Is it appropriate for the appointing authority to sit on oral boards for interviewing
promotional candidates, and, if not, what, if anything, should be done to address the
issue in the context of the Civil Service System?
6. Was the 2007 recruitment for the position of Chief of Police conducted consistent
with Newport Beach Municipal Code, the CSB Rules and purpose, and, if not, what,
if anything, should be done to address the issue in the context of the Civil Service
System?
7. Were the two three month extensions of the Police Capt. Promotional Eligibility lists
in 2008 inconsistent with the Newport Beach Municipal Code, the CSB Rules or the
purpose of the Civil Service System, and, if not, what, if anything, should be done to
address the issue in the context of the Civil Service System?
Components of Report:
Investigator shall prepare a comprehensive, written report on each allegation raised in the
General Scope of Investigation and Ultimate Questions posed, as stated above, and as
requested by the City Attorney. To accomplish this objective, Investigator shall advise City
Attorney of any additional, related allegations that may arise in the course of the investigation so
that City can determine whether to broaden the scope of the investigation.
The report shall include an executive summary of the findings of fact, the methodology used, a
discussion of the evidence received and how credibility issues were resolved, and detailed
findings of fact. Investigator shall not reach legal conclusions. Once a preliminary
determination of the scope of the investigation has been made, Investigator shall provide City
with an estimated time frame to expect a complete investigation report.
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EXHIBIT B
SCHEDULE OF BILLING RATES
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Investigator's services ....................... .......................$130.00 / hour
Testimony services . ............................... .......................$250.00 / hour (4 hours minimum)
(post investigation hearing(s); deposition (s); and/or trial)
Plus actual expenses incurred for photocopies, mileage (IRS reimbursable rates), transcription
services, and other expenses deemed necessary and approved by the City.
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